Disrepair claims and how to avoid them

Why it matters

A five hundred pound repair can turn into several thousand pounds of damages and legal costs once a claim is running.

Legal requirements

• Landlords must keep the structure, exterior and installations in repair once notice is given.
• Homes must be fit for human habitation throughout the tenancy.
• The pre action protocol for housing conditions claims sets response deadlines.
• Damages can include general damages for discomfort and special damages for damaged belongings.

Common mistakes

• Missing the protocol deadline to disclose records, which drives up costs.
• Having no dated repair log so you cannot show when notice was received.
• Doing the works but not documenting them with photographs and invoices.
• Ignoring the first tenant complaint because it arrived by text.

Practical guidance

• Log every report with date, channel, description and action taken.
• Respond in writing to every complaint, even one you disagree with.
• Photograph before and after for all repair work.
• Send disclosure within the protocol period and take advice early.

What the tenant must prove

That the defect falls within your repairing obligation or fitness duty, that you had notice of it, that you failed to repair within a reasonable time, and that loss followed. Notice is where most claims are won or lost. A landlord who can show a same day acknowledgement and a contractor attendance within a week rarely faces a viable claim, whatever the defect was.

Responding to a letter of claim

Do not ignore it and do not reply defensively off the cuff. Gather the tenancy file, the repair log, gas and electrical certificates, inspection reports and all correspondence. Disclose within the protocol timescale, offer access for the tenant's expert, and complete outstanding works promptly. Early completion of works plus a sensible offer usually ends it far cheaper than a defended claim.